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Real Estate
On March 15, 20121, a federal judge for the Middle District of Tennessee ruled that the Centers for Disease Control’s nationwide eviction moratorium is illegal and unenforceable. Three federal judges have now ruled that the moratorium is illegal, while two federal judges in other jurisdictions have upheld the moratorium. As a result, the eviction moratorium...
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On November 25, 2020, Abercrombie & Fitch received the crushing news that the Indiana Court of Appeals was not buying their argument that “the current uncertainty regarding the impact of COVID-19” entitled them to unilaterally void a lease arrangement with Simon Properties under which the parties had operated for over two months.  The Indiana Court...
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Indiana moratorium on eviction and foreclosure proceedings that involve residential real estate extended through July 31, 2020.
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In connection with the COVID-19 pandemic, Indiana Gov. Eric J. Holcomb ordered a temporary moratorium on eviction and foreclosure proceedings that involve residential real estate.
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Though Indiana property taxes remain due by May 11, 2020, Gov. Holcomb issued Executive Order #20-005 requiring all Indiana counties to waive delinquent payment penalties for property taxes paid on or before July 10, 2020.
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Kent A. “KAB” Brasseale II has been named a Co-Managing Partner of Kahn, Dees, Donovan & Kahn, LLP (KDDK), an experienced full-service law firm dedicated to effectively serving the legal needs of clients since 1908. KAB joins KDDK Co-Managing Partners Jeffrey K. Helfrich and Mark S. Samila. He succeeds Partner Brian P. Williams, who has...
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By Matt Rust Landlords using rent-to-own contracts should take a second look at the terms of their agreements following the recent Indiana Supreme Court decision in Rainbow Realty Grp. Empire Holding Corp. v. Carter, 121 N.E.3d 120. In Rainbow, a landlord’s attempt at enforcing an agreement as a land sale contract (sometimes known as a...
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In Indiana, real estate may be sold at a “tax sale” if the owner fails to pay real property taxes.  Similar to a sheriff’s sale, a tax sale is an auction and prospective buyers bid on a property, hoping it will be a profitable investment.  While each county has its own tax sale procedure, all...
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A constitutional challenge to Indiana’s Right to Farm Act (“RTFA”) was recently tossed by the Indiana Court of Appeals, rejecting a neighbor group’s claims that a Central Indiana concentrated animal feeding operation (“CAFO”) constitutionally deprived them of their property rights. In Himsel v. 4/9 Livestock, LLC, et al. the neighbors alleged nuisance, negligence and trespassing...
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When seeking to monetize a real estate property, real estate owners often attempt to draft a “lease with option to purchase” contract, which provides the occupant with an option, but not an obligation, to purchase the real estate at the end of a defined term. Alternatively, real estate owners may desire to enter into a...
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